Congressional Power

- Art. V of the Constitution provides for amendments and those can sometimes be used to
overturn USSC decisions

o There have been only about 3 cases that have actually been reversed by amendments

- Congress gets to decide the size of the USSC and Congress

o Ex. FDR tried “court-packing” in 1937 to assure that New-Deal justices would be the majority
and it was over-turned

- Congress controls the appellate jx of the USSC

- Congressional Checks on the Courts:

o Restricting the appellate jx

o They have control over judicial salaries

o Impeachment

o Amending the constitution

o Judicial Selection Process

President nominates justices to the USSC, but Senate has a say in it

Art. II, Sec. 2, Cl. 2 says that the appointment will not be effective unless the President obtains
the “Advice and Consent of the Senate”

• The President may choose justices that represent his ideological views

• There is a grueling examination that takes place before the Senate judiciary committee

o They really get into personal lives and a lot of people do not want to deal with this

• Now the Senate feels free to base its decision on constitutional viewpoints